AB 886

Under current law, when a person is barred from voting as the result of a felony

conviction (a "disqualifying offense"), the person's right to vote may be restored

through a pardon. Otherwise, it is restored when the person completes his or her

sentence, including extended supervision or parole, or any term of probation

imposed.

Under this bill, a person loses his or her right to vote based on a disqualifying

offense only while he or she is incarcerated for that offense. A person released to

extended supervision or parole may resume voting. In addition, a person convicted

of a disqualifying offense and on probation retains the right to vote while on

probation unless he or she is confined as a condition of probation. But if a person who

committed a disqualifying offense is returned to prison after the revocation of

extended supervision or parole or is sent to prison or a jail or house of correction after

the revocation of probation, the person loses the right to vote until he or she is

released.

Currently, an applicant for voter registration must affirm: 1) whether he or she

has been convicted of a felony for which he or she has not been pardoned and, if so,

whether the applicant is incarcerated or on parole, probation, or extended

supervision; and 2) whether the applicant is disqualified on any other ground from

voting. This bill deletes the requirement that an applicant provide any information

relating to a felony conviction but retains the requirement that an applicant affirm

that he or she is not disqualified on any ground from voting.

Currently, election officials are required to verify the eligibility of electors who

vote at an election or who register to vote at an election after the close of voter

registration for that election by checking each elector's name against a list provided

by the Department of Corrections (DOC) that contains the names of convicted felons

who have not completed their sentences and have not been pardoned. If a person's

name appears on the list, the election officials are directed to allow the person to vote

if he or she is otherwise eligible, but to mark and challenge the elector's ballot for

possible later review. This bill deletes the requirements for DOC to provide the list

of convicted felons and for election officials to review the names on the list.

The bill also requires DOC, the Government Accountability Board, and the

Director of State Courts to include in their ongoing training programs a discussion

of the changes in law made by this bill and to offer the training to judges, attorneys,

election officials, employees of DOC, and the public.